Ankle Monitors: Texas Crimes And Consequences

In Texas, ankle monitors are used as an alternative to incarceration to reduce jail overcrowding. Offenders are required to wear an ankle monitor at all times, which sends GPS coordinates to their parole officer. While ankle monitors are commonly used for low-risk, non-violent, first-time offenders, they are not suitable for those with a long history of offenses or violent crimes. In Texas, ankle monitors are used for a range of crimes, including DWI and drug possession. Removing or tampering with an ankle monitor is a crime in Texas, and offenders can face a felony charge, parole revocation, or reincarceration.

Who is eligible for an ankle monitor in Texas?

In Texas, there are two forms of house arrest: radio frequency electronic monitoring and GPS monitoring. These two types of ankle monitors are similar but not exactly the same. The traditional radio frequency ankle monitor is the "ankle bracelet" that will immediately transmit a signal to the parole officer when it goes outside of a specific area. A GPS monitor, on the other hand, allows for the tracking and monitoring of a person's whereabouts.

According to the Texas Department of Criminal Justice, over 2,900 offenders are monitored through GPS technology daily, on average, and there are about 1,800 who are monitored with radio frequency devices.

So, who is eligible for this type of arrangement? You won’t be eligible to request home confinement if you’ve committed certain violent crimes, but most decisions are made on a case-by-case basis. In general, you’re more likely to get approved for this type of deal when:

• You’re a juvenile offender
• Your crime did not involve violence
• You are a first-time offender
• You don’t have a long history of offenses
• You have a secure and stable job
• You are vulnerable to abuse in prison
• You’re physically ill or incapacitated

Texas courtrooms are more likely to grant a house arrest for crimes like DWI or drug possession. They’re also more likely to grant house arrest when you have an attorney who argues on your behalf.

What are the restrictions for those on ankle monitors?

Ankle monitors are used in Texas as an alternative to incarceration, allowing inmates to continue having jobs and relationships. There are two types of ankle monitors: a GPS device and a radio frequency device. The GPS device always tells a parole officer the wearer's location, while the radio frequency device sends a signal when the wearer leaves a prescribed geographic area.

Those on ankle monitors are typically confined to their homes for the duration of their parole. However, permission can be sought to travel for certain activities, such as work, school, or church, or to attend rehabilitation or treatment. Even with permission to leave, there will likely be a curfew, and regular check-ins with a parole officer.

There are also financial restrictions associated with ankle monitors. In most cases, defendants are responsible for paying for the device, with daily fees ranging from $5 to $25.

One of the most significant restrictions for those on ankle monitors is that they must be worn at all times. Removing or tampering with an ankle monitor is a crime in Texas, and can result in arrest and the revocation of parole.

Additionally, those on ankle monitors may be subject to regular drug or alcohol tests, and failing these tests can lead to further legal consequences.

What happens if you remove or tamper with an ankle monitor?

In Texas, removing or tampering with an ankle monitor is a crime. The Texas Tampering with Electronic Monitoring Device Law, which came into effect on September 1, 2023, gives police the right to arrest individuals who have removed or helped remove an ankle monitor or any other type of court-ordered electronic monitor.

If you remove your ankle monitor without permission, you can face the revocation of your parole and end up back in prison to complete the remainder of your sentence. Additionally, if you commit further crimes with your ankle monitor off, you will face additional criminal penalties.

Legislators in Texas are working to increase the crime of tampering with an ankle monitor to a felony. Currently, the crime is punishable as a state jail felony or third-degree felony, depending on the circumstances. A state jail felony carries a maximum sentence of two years in prison.

Tampering with an ankle monitor can be done by cutting the strap, breaking the internal components, or damaging the exterior of the device. However, it is important to note that these devices are tamper-resistant, and removing them is not easy. If you are caught tampering with or removing your ankle monitor, you will face legal consequences.

What are the costs of an ankle monitor?

The costs of an ankle monitor can vary depending on several factors, including the type of monitor, the duration of monitoring, and the vendor providing the device. In Texas, there are two types of ankle monitors used for electronic monitoring: Global Positioning System (GPS) technology and Radio Frequency (RF) technology.

GPS monitors provide real-time location tracking and are typically used for offenders who require close supervision, such as sex offenders or those under the Super-Intensive Supervision Program (SISP). RF monitors, on the other hand, are used primarily to ensure compliance with curfew schedules.

The cost of GPS monitoring can be higher due to the advanced technology and constant tracking it provides. In Texas, the monthly cost for GPS monitoring can range from $280 to $300, and this cost is typically the responsibility of the defendant. In some cases, late or missed payments can lead to repossession of the device, as seen in a case in Harris County, Texas, where a murder suspect's ankle monitor was repossessed for late fees, resulting in a loss of tracking for several weeks.

For RF monitoring, the daily fees can be lower, with some defendants paying up to $25 per day. The maximum amount charged under the Harris County Pretrial Services department is about $180 per month.

It is important to note that the costs of ankle monitors can be a financial burden, especially for those who cannot afford the payments. In some cases, defendants may be granted waivers or have their fees covered by the county budget if they cannot afford the monitoring fees.

Additionally, there may be installation fees associated with the ankle monitors, which can range from $50 to $100 as a one-time payment. This is on top of the daily or monthly monitoring fees.

What are the alternatives to ankle monitors?

Ankle monitors are often used as an alternative to prison or jail, allowing individuals to serve their sentences in the community or at home. They are typically used for people on probation, parole, or awaiting trial. Ankle monitors are also used for those who are considered low-risk and non-violent offenders, allowing them to maintain their jobs, attend school, and care for their families.

However, ankle monitors are not always a suitable alternative. They can be uncomfortable, cause skin irritation, and the wearer often has to contribute to or cover the cost of the device and its daily use. The daily fees can be as high as $25 and are usually the responsibility of the defendant. This has led to people being sent back to jail if they are unable to pay.

In Texas, ankle monitors are sometimes used for high school students who are truant, which some may consider excessive.

As an alternative to ankle monitors, judges may order home confinement or house arrest, especially for first-time, non-violent, or ill offenders. This is a popular means of serving a sentence, as it is cheaper than incarceration and helps to reduce prison overcrowding.

Another alternative is electronic monitoring that does not involve wearing a device on the ankle. For example, smartphone applications can now verify someone's location through voice and face recognition. These applications are often cheaper and more convenient than ankle bracelets, but they may also increase the reach of virtual prisons and normalise surveillance.

In some cases, probation or parole may be sought as an alternative to any form of monitoring, keeping individuals out of jail or prison altogether.

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